Australian not-for-profit organisation providing legal services to disadvantaged people
A community legal centre (CLC) is the Australian term for an independent
not-for-profit organisation providing
legal aid services, that is, provision of assistance to people who are unable to afford
legal representation and access to the
court system. They provide
legal advice and traditional casework for free, primarily funded by
federal, state and
local government. Working with clients who are mostly the most
disadvantaged and
vulnerable people in Australian society, they also work with other agencies to address related problems, including financial, social and health issues. Their functions may include campaigning for
law reform and developing community education programs.
The peak body is Community Legal Centres Australia. CLCs are the equivalent of
law centres in the UK and community law centres in New Zealand.
There are as of 2020[update] eight Aboriginal and Torres Strait Islander Legal Services (ATSILS), with similar characteristics to CLCs.
There are also eight Legal Aid Commissions (LACs), which are
state and territory government agencies, such as
Victoria Legal Aid, which administers Commonwealth and state government funding of CLCs.
History
The
Aboriginal Legal Service was founded in 1970 in
Redfern, Sydney, to provide services to
Aboriginal Australians, and was the first free legal service in Australia. CLCs were subsequently established in
Victoria in the early 1970s and spread quite rapidly to other
states and territories. Although from the outset they shared some similarities with the already established American "neighbourhood law offices" and British
law centres, in their insistence upon effecting
systemic change and their largely voluntary support base they had characteristics distinct from each. They grew out of broader concerns for
social justice that gained momentum in the 1960s and which found expression in the
anti-war and
women's movements,
Aboriginal rights campaigns, and other pushes for far-reaching
social change in both the Australian and global contexts.[1] However, CLCs are a unique expression of these social justice and protest movements and do not claim particular ties to any other campaigns. Throughout their history different CLCs have usually held common platforms in only general, rather than specific, terms.
When the first Victorian CLCs were established, they were often resisted by a legal establishment that was defensive about CLCs' criticisms of the
elitism or inaccessibility of the legal professions, suspicious of CLCs' aims and methods, and concerned about protecting profits.[2] However, soon after the
Fraser government came to power in December 1975, some members of the wider
legal profession had begun to acknowledge the importance of CLCs in improving the public's access to the law.[3]
Throughout the 1980s and 1990s, CLCs consolidated their position in the Victorian and wider Australian legal landscape, forging ties with different government and legal organisations (such as various state legal aid commissions).
Today
CLCs are independent, not-for-profit, community-based organisations providing a range of services to people in Australia, including people experiencing discrimination and disadvantage. As of 2020[update], there are about 180 CLCs. Community Legal Centres Australia is the umbrella organisation for eight state and territory CLC associations.[4] While some CLCs have developed close links with others, centres, for the most part, serve their own particular geographic or special interest communities, such as
family law and
family violence, credit and debt,
consumer law,
social security,
migration,
tenancy law, discrimination,
employment law and
child protection. Some centres focus on providing services for particular segments of the population, such as women,
refugees and
asylum seekers,
older persons, children and youth,
people with disabilities or
Aboriginal and Torres Strait Islander people.[5]
Centres provide various legal services, including
legal advice and traditional casework, to individuals at little or no cost, as well as undertaking early intervention and preventative strategies, such as community education and development in legal skills, and engaging in advocacy for policy and
law reform.[4] They emphasise the demystification of the law and the empowerment of communities in their relation to the law, particularly by encouraging communities to be involved in their activities.[6]
They develop and facilitate partnerships between providers of legal assistance and legal and non-legal services (such as
domestic violence organisations, community health organisations, housing services, drug and alcohol services).[4] They may also undertake
test case litigation, critique
police powers and behaviours, and monitor prisons systems and conditions.
Equivalent services are provided in the UK by
law centres[7] and in New Zealand they are called community law centres.[8]
Funding
Community legal centres are partly funded by a complex and variable mix of state and federal government monies, offered both directly (such as through
grants) and indirectly. They are also funded by the proceeds of casework. However, they rely heavily upon the efforts and support of extensive volunteer networks, both lawyers and non-lawyers, to staff them without payment, without whom they would not survive.[citation needed]
Reviews of the National Partnership Agreement on Legal Assistance Services 2015-2020 (NPA) and the Indigenous Legal Assistance Program (ILAP)[9] were undertaken in 2018. On 2 April 2019 the
Attorney-General,
Christian Porter, said that "guaranteeing stable and long-term funding certainty for legal services delivered by Legal Aid Commissions (LACs), Community Legal Centres (CLCs) and Aboriginal and Torres Strait Islander Legal Services (ATSILS) was part of the
[Morrison] Government's plan for a stronger economy" and baseline funding would be increased from A$350.3 million in 2019-20 to A$370.0 million (indexed) ongoing from 1 July 2020. The announcement included plans for a single national mechanism to deliver legal assistance funding from 1 July 2020.[10]
The 2018 reviews informed the National Legal Assistance Partnership (NLAP) 2020-25,[11] which supports the "National Strategic Framework for Legal Assistance",[12] published in 2019. This document outlines six guiding principles, and also states: "The principles of the National Strategic Framework should be applied consistently in a manner which supports self-determination and the National Partnership on
Closing the Gap".[13]
As of 2024[update] NLAP, a national partnership agreement between the Australian Government and all states and territories for all legal assistance funded by the federal government, provides funding for services delivered by: LACs, CLCs, and ATSILS.[14] An independent review of NLAP has been undertaken, with the final review to be published on 29 February 2024.[15]
National CLCs
Arts Law (formerly Arts Law Centre of Australia) is the only national community legal centre for
the arts. It provides free or low-cost legal advice, education and resources to Australian artists and arts organisations on a wide range of arts-related legal and business matters. Its "Artists in the Black" program delivers services to Aboriginal and Torres Strait Islander artists across Australia.[16]
Legal Aid ACT was established in 1977 and provides legal information and advice to ACT residents on such issues as criminal law, family law and some civil law matters.[21] Its Youth Law Centre (YLC) provides free legal advice to youth aged between 12 and 25. It provides advice on many areas some of which include family law, employment and apprenticeships, criminal law and traffic offences.[22]
Canberra Community Law provides free legal advice and representation on matters of social security and tenancy, street law and discrimination and
disability law.
The Women's Legal Centre provides services to women.
Marrickville Legal Centre is a non-profit community legal centre based in south-west Sydney but serving the whole of NSW, established in 1979.[24]
The
Redfern Legal Centre was the first Community Legal Centre in New South Wales and the second in Australia, established in March 1977.[25]
Seniors Rights Service provides free, confidential advocacy, advice, education and legal services to older people in New South Wales, including advice on
retirement villages and strata living.[26]
The Tenants' Union of NSW was established in 1976[27] and is the peak
non-government organisation representing the interests of tenants, including boarders, lodgers and other marginal tenants; Aboriginal tentants; public and community housing tenants and renters under other types of lease arrangements. It is the resourcing body for the statewide network of Tenants Advice and Advocacy Services (TAASs), and specialises in NSW residential tenancies law.[28]
Women's Legal Services NSW promotes women's human rights by providing free and confidential legal advice and referral, creating publications and running training workshops for community and support workers, and pursuing law and policy reform. The organisation specialises in domestic violence, family law,
sexual assault and discrimination law.[29]
The
Top End Women's Legal Service (TEWLS) was founded in 1996, following a recommendation of the
Australian Law Reform Commission (ALRC). It provides free legal advice, community legal education and advocacy on issues of importance to women across the Greater Darwin area.[35]
Queensland
Queensland has a large number of CLCs, many of which provide services to their local area. Some of those which provide services statewide include:[36]
LGBTI Legal Service provides legal services to members of the lesbian, gay, bisexual, trans and intersex community. It was officially launched in July 2010 by former
Australian High Court Judge The Hon.
Michael KirbyACCMG;[40]
The
peak body for CLCs in Queensland is Community Legal Centres Queensland (CLCQ).
South Australia
Community Legal Centres South Australian Inc. (CLCSA) is the peak body for all Community Legal Centres in South Australia.[46] There is a network of centres which are allocated to different zones across the state,[47] as well as specialist services which focus on areas such as
homelessness, Aboriginal family violence, asylum seekers, women, consumer credit and other areas.[48]
The
Aboriginal Legal Rights Movement (ALRM), founded as the result of a
grassroots movement in 1972,[49] is an independent Aboriginal community-controlled organisation governed by an all-Aboriginal Board, which provides legal services as well as acting as an advocacy and lobby group for Aboriginal people across the state.[50] It has also operated the state's
Custody Notification Service informally for some time, but the change in law to make it compulsory for
SAPOL to notify ALRM only took effect on 2 July 2020, after the
Black Lives Matter protests had highlighted the issue of
Aboriginal Deaths in Custody.[51][52][53] The move was welcomed by ALRM, which had been lobbying for it for years.[54] ALRM also represents families at
coronial inquests and runs an Aboriginal Visitors Scheme (AVS) in response to the
Royal Commission into Aboriginal Deaths in Custody recommendation, to support Aboriginal people who have been taken into
police custody.[55]
The Tenants' Union of Tasmania provides information, legal advice and representation to residential tenants in matters arising from their tenancy.
The Women's Legal Service is a free community legal service based in
Hobart but providing legal services for women throughout Tasmania.
Refugee Legal Service Tasmania is a volunteer legal service dedicated to providing advice to refugees, asylum seekers and other humanitarian entrants who reside in Tasmania.
Worker Assist Tasmania is a free service for injured workers in Tasmania. The service provides information, assistance and advice relating to Workers Compensation, Return to Work and Rehabilitation following a workplace injury and the Asbestos Related Diseases Compensation Fund.
There are also a number of local centres including the Fitzroy Legal Service[59] which was established on 18 December 1972, making it Australia's first non-Aboriginal community legal centre.[60]
The
Consumer Action Law Centre (CALC) is primarily a "campaign-focused consumer advocacy organisation", but also acts as a CLC by providing free legal advice and pursuing litigation on behalf of "vulnerable and disadvantaged consumers" across Victoria.[61]
Western Australia
The Community Legal Centres Association of WA is the peak organisation representing the 28 CLCs operating in
Western Australia which provide free or low-cost legal help to the community.[62]
The Woman's Law Centre is based in
Perth and provides legal advice on such areas as family law, sexual harassment and sexual assault and divorce applications.[63]
ATSILS
Aboriginal and Torres Strait Islander Legal Services (ATSILS) are independent, non-profit, non-government bodies that provide a range of culturally sensitive services to Indigenous Australians. Their main focus is criminal and family law, and eligibility is limited to those on low incomes.[64] They also advocate for law and policy changes, such as those which have a bearing upon the high rate of Indigenous incarceration in
Australian prisons. The
Law Council of Australia is a strong ally.[65]
The Aboriginal Legal Service (NSW/ACT), established in 1970, was the first dedicated Aboriginal legal service,[65] and can be regarded as the first ATSILS. The Victorian Aboriginal Legal Service (established 1973[66]) has been providing legal services under contract in Victoria since April 2005, and the Aboriginal Legal Service of Western Australia for WA. The system was expanded to Queensland that June, and to additional States and Territories thereafter.[67]
NATSILS (National Aboriginal and Torres Strait Islander Legal Services) is the peak body,[68] as of 2020[update] representing:[69]
As of February 2024[update] the chair is Karly Warner, CEO of the Aboriginal Legal Service (NSW/ACT), and deputy chair is Nerita Waight, CEO of VALS.[80]
FVPLS
Australia has about 30 Indigenous Family Violence Prevention Legal Services (FVPLS).[68][64] The National Family Violence Prevention and Legal Services Forum (National FVPLS Forum), established in May 2012, as of September 2020[update] represents thirteen Family Violence Prevention Legal Service (FVPLS) member organisations.[81]
Legal Aid Commissions
Legal Aid Commissions (LACs) are
state and territory independent
statutory bodies which provide a range of services, including information, legal advice and representation in courts and tribunals. Information and services including telephone advice are often free of charge, but there is a
means test for eligibility for
legal representation.[68] They often assist those who need help with serious criminal law matters, or child protection and family matters involving a child's welfare.[64]
Australia has eight Legal Aid Commissions:[82][68]
^"Home". TALS. Archived from
the original on 22 February 2020. Retrieved 1 September 2020. Effective 1 July 2020, the delivery of legal services to Aboriginal and Torres Strait Islander people in Tasmania will be provided by the Tasmanian Aboriginal Legal Service (TALS)